Tally Budget Terms and Conditions

Introduction

Welcome to Tally Budget, a service provided by Tally Budget LLC ("Tally Budget," "we," "our," or "us"), your premier budgeting tool. By accessing or using our services, you agree to be bound by the terms and conditions set forth in this document. These terms govern your access to and use of Tally Budget's services, including any content, functionality, and services offered on or through our platform.

Please read the terms and conditions carefully before you start to use the services. By using the services, you accept and agree to be bound and abide by these terms and conditions. If you do not want to agree to these terms and conditions, you must not access or use the services.

Acceptance of Terms

By accessing or using the services provided by Tally Budget, you agree to be bound by these terms and conditions ("Terms"). If you do not agree to these Terms, you must not access or use the services. These Terms may be updated by Tally Budget from time to time, and we will provide you with reasonable notice of material changes by posting the updated Terms on our platform with the effective date clearly indicated. You should review these Terms periodically for any changes. Your continued use of the services after any such changes indicates your acceptance of the new Terms.

Modification of Terms

Tally Budget reserves the right to modify, amend, or update these Terms at any time and without prior notice to you. It is your responsibility to review these Terms periodically for any changes. Your continued use of the services provided by Tally Budget following the posting of any changes to these Terms constitutes acceptance of those changes.

Registration and Account Security

To access or use certain features of the service, you must register for an account with Tally Budget and provide certain information about yourself as prompted by the service's registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the service does not violate any applicable law or regulation.

Your account must not be used for any illegal or unauthorized purpose. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. Tally Budget reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

User Conduct

You agree to use the services provided by Tally Budget in accordance with these Terms and in a manner that is lawful, appropriate, and respectful of the rights and dignity of others. Specifically, you shall not:

• Engage in any activity that is illegal under applicable law or promote illegal activities.
• Post, transmit, or otherwise make available any content that is obscene, defamatory, harassing, abusive, or that violates any right of any third party.
• Use the services to send unsolicited communications, including, but not limited to, spam or other forms of unsolicited messages.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services.
• Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by any securities exchange.
• Collect or store personal data about other users without their express consent.

Violation of any of these conditions may result in your access to the services being terminated, at the sole discretion of Tally Budget, and may also subject you to civil and/or criminal penalties under applicable law.

Intellectual Property Rights

All intellectual property rights in or arising out of or in connection with the services (other than intellectual property rights in any materials provided by you) shall be owned by Tally Budget. You acknowledge that, except as expressly stated in the Terms, you have no right, title, or interest in or to the services or any intellectual property rights associated therewith.

Tally Budget grants you a limited, non-exclusive, non-transferable, revocable license to access and use the services solely for your personal, non-commercial use, subject to the Terms. This license does not include any rights to:

• Modify, copy, or create derivative works based on the services;
• Distribute, transfer, sublicense, lease, lend, or rent the services to any third party;
• Reverse engineer, decompile, or disassemble the services;
• Remove, alter, or obscure any copyright or other proprietary notices included in the services.

All rights not expressly granted to you under the Terms are reserved by Tally Budget. You agree to abide by all applicable copyright and intellectual property laws in using the services.

Content Ownership and Use

This clause outlines the rights and responsibilities related to content ownership and use between Tally Budget and you, the individual or entity accessing or using the services provided by Tally Budget.

• Ownership of Content: All content provided on or through the services, including but not limited to text, graphics, logos, images, and software (collectively, "Content"), is the property of Tally Budget or its content suppliers and protected by copyright and other intellectual property laws. You acknowledge that the Content is owned by Tally Budget or its licensors.
• User License: Subject to compliance with the Terms, Tally Budget grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial purposes only.
• Prohibited Use: You agree not to modify, distribute, perform, publicly display, prepare derivative works based on, repost, or otherwise use any Content in any way for any public or commercial purpose without the express written consent of Tally Budget.
• Copyright Infringement: If you believe that any Content infringes on another's copyright, you should notify Tally Budget immediately, providing detailed information about the alleged infringement.

By accessing or using the services, you agree to abide by these terms related to content ownership and use.

User Submissions

You acknowledge and agree that any content, including but not limited to text, graphics, images, or other material, submitted to Tally Budget through the services ("User Submissions") remains your property, but you grant Tally Budget the licenses described herein, subject to Tally Budget's Privacy Policy. You grant Tally Budget a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license that continues for the duration of your use of the services and for a reasonable period thereafter as necessary to fulfill the purposes for which the content was submitted to use, reproduce, distribute, prepare derivative works of, display, and perform your Submissions in connection with the services and Tally Budget's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the services (and derivative works thereof) in any media formats and through any media channels.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and share your Submissions with Tally Budget and to grant the rights granted herein. You agree to indemnify and hold harmless Tally Budget from any claims, actions, demands, losses, damages, or expenses (including reasonable attorneys' fees) arising out of or in connection with your Submissions.

Tally Budget does not claim ownership of User Submissions unless explicitly stated otherwise. Tally Budget reserves the right to disclose User Submissions to third parties in accordance with its Privacy Policy and applicable laws and regulations.

Tally Budget reserves the right, but is not obligated, to review and monitor User Submissions before and after submission to the services, and to remove any User Submissions that Tally Budget, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable.

Defamation; Communications Decency Act Notice

Tally Budget is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described in these Terms. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

Third-Party Links and Services

The services provided by Tally Budget may contain links to third-party websites or services that are not owned or controlled by Tally Budget. Tally Budget has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Tally Budget shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

It is strongly advised that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

This Termination clause applies to both Tally Budget and you, as defined in the Terms. Either party may terminate the agreement formed by these Terms at any time, for any reason, by providing the other party with written notice of termination. Upon termination, you must cease all use of the services and delete all copies of any Content or User Submissions in your possession or control.

Tally Budget may also terminate this agreement immediately, without notice, if you breach any provision of these Terms, engage in any fraudulent or illegal activity, or if Tally Budget decides to discontinue the services. Upon termination by Tally Budget for breach, your right to access and use the services will immediately cease, and you must delete all Content and User Submissions in your possession or control.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Availability of Services

Tally Budget provides services in connection with the platform. We will endeavor to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). Tally Budget shall not be liable for damages arising out of service unavailability, failure, or improper operation, except to the extent such damages result from Tally Budget's gross negligence or willful misconduct.

Disclaimer of Warranties

THE SERVICE PROVIDED BY TALLY BUDGET IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALLY BUDGET DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS REQUIRED BY LAW. TALLY BUDGET DOES NOT DISCLAIM WARRANTIES THAT CANNOT BE LAWFULLY DISCLAIMED UNDER WISCONSIN LAW. TALLY BUDGET DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

TALLY BUDGET ALSO MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, OR TIMELINESS OF THE CONTENT, USER SUBMISSIONS, OR ANY OTHER MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE. THE USE OF THE SERVICE AND ANY RELIANCE ON ANY SUCH CONTENT, USER SUBMISSIONS, OR MATERIALS IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

Notwithstanding any other provision of these Terms, except for liability that cannot be limited under Wisconsin law (including liability for gross negligence, willful misconduct, fraud, or personal injury), Tally Budget's liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of (i) the amount actually paid by you to Tally Budget for the services in the twelve (12) months preceding the event giving rise to the claim, or (ii) $100.

Except for liability that cannot be limited under Wisconsin law (including liability arising from gross negligence, willful misconduct, or fraud), Tally Budget shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Tally Budget has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you in such jurisdictions. You acknowledge that the limitations set forth in this section shall apply even if the services provided under these Terms are found to have failed of their essential purpose.

Indemnification

You agree to indemnify, defend, and hold harmless Tally Budget, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms by you or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.

This indemnification obligation will survive the termination of your account or use of Tally Budget's services and the Terms.

Governing Law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the services provided by Tally Budget LLC shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Madison and Dane County. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

If the choice of Wisconsin law is found to be invalid, illegal, or unenforceable, the mandatory consumer protection laws of your local jurisdiction shall apply to the extent required by local law. This clause shall not affect the enforceability of the remaining provisions of the Terms, which shall continue to be in effect and enforceable to the fullest extent permitted by law.

Nothing in this Agreement affects your statutory rights as a consumer that cannot be waived or limited by contract under applicable law.

Consumer Rights and Compliance with Local Laws

If you are a consumer in a jurisdiction such as the European Union, the United Kingdom, California, or Australia, you have certain mandatory rights under local laws including the General Data Protection Regulation (GDPR), UK GDPR, the California Consumer Privacy Act (CCPA), and the Australian Consumer Law that cannot be excluded by these Terms. These rights may include protections regarding data privacy, consumer rights, and other statutory protections that are applicable to you.

Please note that any disclaimers of warranties and limitations of liability contained in these Terms may not apply to you if they are prohibited by the laws of your jurisdiction. In such cases, the statutory rights under your local laws will prevail, and the unenforceable provisions shall be deemed modified to the extent necessary to comply with applicable law.

Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution that is satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be settled by binding arbitration, except as otherwise required by mandatory applicable law.

For users or parties located within the United States, arbitration shall be administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures. For users or parties located outside the United States, disputes may be resolved under the rules of the International Centre for Dispute Resolution (ICDR) or another mutually agreed international arbitration body, or in the party's local jurisdiction as required by applicable law, including any mandatory consumer protection laws.

The arbitration shall be conducted in the English language (unless otherwise required by applicable law), and may be conducted virtually or remotely to accommodate parties in different jurisdictions. The parties agree that virtual or remote arbitration proceedings shall be conducted using secure video conferencing technology that ensures confidentiality and allows for effective presentation of evidence and testimony. For disputes involving parties located outside the United States, the parties may mutually agree to conduct arbitration under the rules of the International Chamber of Commerce (ICC) or another internationally recognized arbitration body, or as otherwise required by the mandatory laws of the user's jurisdiction.

The arbitration award shall be final and binding upon both parties, subject to any mandatory appeal rights under applicable law. The award may be entered and enforced in any court of competent jurisdiction in accordance with applicable law, including the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) where applicable. Except where prohibited by applicable law, the prevailing party in any dispute resolved by arbitration shall be entitled to recover its reasonable attorneys' fees and costs.

Notwithstanding the foregoing arbitration provisions, nothing in this Agreement shall be deemed to waive, limit, or otherwise affect any mandatory statutory rights that users may have under applicable consumer protection laws, including but not limited to the right of EU consumers to bring proceedings in the courts of their Member State of residence as provided under EU law.

Notwithstanding the above, Tally Budget reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts of competent jurisdiction.

Severability

If any provision of these Terms, or the application thereof to any person or circumstance, is found to be invalid, illegal, or unenforceable to any extent, such provision shall be deemed severable and the remainder of the Terms and the application of such provisions to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by law. In such cases, the parties agree that the court making such determination shall have the power to reduce the scope, duration, or area of such provision, to delete specific words or phrases, or to replace any invalid or unenforceable provision with a provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable provision.

Entire Agreement

This Agreement constitutes the entire agreement between you and Tally Budget regarding your use of the services, superseding any prior agreements between you and Tally Budget relating to your use of the services. Tally Budget retains the right to modify these Terms unilaterally as set forth in the Modification of Terms section above. Except for such modifications, no amendment, modification, or supplement of any provision of this Agreement shall be valid or effective unless made in writing and signed by both parties. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.